Whether you are divorcing, were never married, or are returning to court after a judgment, the question is the same: what arrangement serves the child best? Chicago Legal Exchange helps parents in Chicago, Schaumburg and Homewood work through it.
Two parts of an allocation
Significant decision-making covers education, health care, religion and extracurricular activities. The court can give these decisions to both parents jointly, to one parent, or divide them by category. Parenting time is the schedule that sets when the child is with each parent, including school-year routines, holidays and vacations. Illinois has no default formula such as "sole custody" or an automatic equal split; the court builds an allocation around the facts of the family.
The best-interests standard
Judges look at what is best for the child. Factors the statute lists include each parent's past caretaking, the child's adjustment to home, school and community, the wishes of the child (given more weight with age and maturity), the mental and physical health of everyone involved, any history of abuse or violence, and each parent's willingness to support the child's relationship with the other parent.
The parenting plan
Parents are generally required to file a proposed parenting plan within 120 days after a petition is filed or served, and the court can extend that time for good cause. A strong plan is specific: it covers the weekly schedule, holidays, transportation, how parents will communicate, how the child's records and health information are shared, and how future disagreements will be handled. Courts often send contested parenting disputes to mediation first, and may appoint a guardian ad litem, child representative or attorney for the child to give the judge an independent view.
How we work with parents
We start by listening to your goals and reviewing any existing orders. Then we explain realistic options, such as negotiating a plan, using mediation or asking the judge to decide. We do not promise a particular allocation, because the court decides on the child's best interests.
Common schedule questions
Courts do not prescribe one schedule. Families often use arrangements such as alternating weekends with a midweek dinner, a two-two-three rotation, or week-on, week-off, but these are examples, not entitlements. What works depends on the child's age, school location, each parent's work hours and how far apart the homes are.
Safety comes first
If there is domestic violence or you are worried about a child's safety, tell us at your first call. Illinois law provides orders of protection, and the court weighs safety concerns when it allocates parental responsibilities.
If the parents were never married
Legal parentage has to be established first, either through a voluntary acknowledgment of parentage or a court order. After that, either parent can ask the court to allocate parental responsibilities and set support.
Preparing to talk with an attorney
- Your child's current routine: school, activities, doctors and who handles what
- Any existing court orders or parenting agreements
- Messages or school and medical records that show who has been involved
- The schedule you think would work, and why
Frequently Asked Questions
Does the child get to choose where to live?
No. A judge may consider a child's wishes, giving them more weight as the child gets older and more mature, but the decision rests with the court and turns on the child's best interests.
What if the other parent ignores the parenting schedule?
Illinois provides remedies when a court-ordered parenting schedule is not followed, including make-up parenting time and other relief. Keep a record of missed exchanges and talk to an attorney before acting on your own.
Can grandparents or other relatives ask for visitation?
In limited circumstances Illinois lets certain non-parents, such as grandparents, ask for visitation. The requirements are strict, so it helps to speak with an attorney early.
Can the schedule be changed later?
Yes, in some circumstances. See our guide to modification and mediation.
Other family law guides
Official resources
- Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) — Divorce and family law statutes
- Cook County Domestic Relations Division — Family court information and procedures